Except in the case provided for in Article L. 1233-35-1, the employer refers to the court within a period set by decree in the Conseil d’Etat :
1° The deliberation of the social and economic committee deciding on the use of the expert opinion if he intends to contest the need for the expert opinion;
2° The appointment of the expert by the social and economic committee if it intends to contest the choice of the expert;
3° Notification to the employer of the specifications and the information provided for in Article L. 2315-81-1 if the employer wishes to contest the estimated cost, scope or duration of the expert assessment;
4° Notification to the employer of the final cost of the expert assessment if the employer intends to contest this cost;
In cases 1° to 3°, the court will rule on the merits of the case in accordance with the accelerated procedure within ten days of the case being referred to it. This referral suspends the implementation of the committee’s decision, as well as the deadlines within which it is consulted in application of article L. 2312-15, until notification of the judgement. This decision is not subject to appeal.
In the event of the final annulment by the court of the deliberation of the Social and Economic Committee, the sums received by the expert are reimbursed by the latter to the employer. The social and economic committee may at any time decide to pay these sums itself.